Traumatic brain injury (TBI) decisions — 2020

The Board denied the Veteran's claims for service connection for residuals of a traumatic brain injury and special monthly compensation based on the need for aid and attendance or housebound status. The Board found that there was no evidence to support the Veteran's assertions regarding in-service TBI, and his current meningioma and seizure disorder are not related to active service.

The Board has determined that the VA opinions obtained on remand are inadequate and the claims for service connection must be remanded again.

The Board denied the claims of service connection for residuals of TBI and an acquired psychiatric disorder (PTSD and depression) due to lack of credible evidence supporting the claimed in-service events.

The Board denied service connection for a traumatic brain injury and the claim for a compensable rating for tension headaches. The case is being remanded to issue an SOC.

The Board has remanded the claims of service connection for vertigo, an acquired psychiatric disorder, a traumatic brain injury, and a cervical spine disorder due to the need for additional development.

The Board has denied service connection for TBI and remanded the issue of service connection for a skin disability. The case is now being returned to the AOJ for further development.

The appeal for a compensable rating for pleural plaques is dismissed. A compensable rating for residuals of traumatic brain injury is denied. The claim for TDIU prior to January 24, 2014, is remanded.

The Veteran's post-concussion syndrome TBI was not found to meet the criteria for a compensable disability rating, as his symptoms did not result in any impairment above level 0 according to the VA's evaluation table.

The Board has decided to remand the case due to unclear etiology of the Veteran's symptoms and need for further examination. The Veteran is seeking a higher evaluation for his TBI with residual headaches and giddiness, but the nature and cause of other symptoms such as anxiety disorder and unspecified neurocognitive disorder are also under review.

The Veteran's TBI, bilateral hearing loss, and headaches are all rated at the lowest possible compensable level. The Board has granted a rating of 10 percent for each condition.

The Veteran's appeal of attorney fees for past-due benefits awarded in a February 2019 rating decision is denied. The amount was calculated correctly based on the effective date from September 15, 2015 to February 22, 2019.

The Veteran's service connection claim for residuals of a traumatic brain injury (TBI) is granted as the Board finds that his current disability is at least as likely as not related to an in-service head injury during required physical training.

The Veteran's TBI has resulted in moderate impairment of memory, attention, concentration, and executive functions resulting in moderate functional impairment. The Board granted a 70% disability rating for the period prior to April 26, 2019.

The Board has remanded the cases for further development due to inadequate fulfillment of previous remand instructions. The Veteran's service connection claims for residuals of frostbite and a psychiatric disability are being reviewed.

The Board has decided to remand the Veteran's claims for Traumatic Brain Injury and Chronic Headaches due to insufficient evidence and a failure to correct pre-decisional duty to assist errors.

The Board has determined that the Veteran's service-connected disabilities, including his hearing loss, frostbite, depressive disorder, and tinnitus, prevent him from securing and following substantially gainful employment. As a result, he is granted TDIU.

The Board has ordered the VA to obtain and review inpatient, outpatient, and emergency room treatment records from Fort Eustis for the Veteran's period of service between December 1990 and July 1991. The claim will be reconsidered based on this new evidence.

The Veteran's appeal for a rating in excess of 70 percent for PTSD, Adjustment Disorder with Mixed Anxiety, Depressed Mood, and TBI was denied. The Board found that the Veteran did not meet the criteria for a higher rating due to his symptoms being consistent with a 70 percent disability rating. For the TDIU claim prior to July 1, 2018, the appeal was also denied as there was no evidence showing he was unable to secure or follow a substantially gainful occupation.

The Board has remanded the case due to failure of the Veteran to report for a VA examination. Additional development is needed, including scheduling another examination and obtaining all relevant medical records.

The Veteran's PTSD and TBI symptoms are contemplated in the current ratings, with no separate rating for TBI prior to February 3, 2020. The criteria for a higher rating were not met.